ACA and the Supreme Court
jamie said:
ok, case was heard - they're off until the 30th.
Case heard but decision postponed till the 30th?
Looks like you can hear the whole argument here:
https://www.c-span.org/video/?471185-1/health-care-law-supreme-court-oral-argument
I'm guessing there's no immediate decision. Protection on pre-existing conditions was argued against by the Trump side.
They are under no deadline. Sometimes they don't announce a decision until they are ready to adjourn for the summer.
The Supreme Court on Thursday dismissed the latest challenge to the Affordable Care Act, saying Republican-led states do not have the legal standing to try to upend the law.
Justice Stephen G. Breyer wrote the court’s 7 to 2 decision that preserves the law that provides millions of Americans with health coverage.
Justices Samuel A. Alito Jr. and Neil M Gorsuch dissented.
The decision meant the attempt to derail President Barack Obama’s landmark domestic achievement met the fate of past legal challenges, in 2012 and 2015.
The key issue this time was whether a 2017 decision by Congress to remove the penalty for not buying health insurance — the so-called individual mandate — meant that the law was unconstitutional and should be wiped from the books.
I'm a little surprised that Gorsuch dissented, but not Alito. The legal basis for this challenge was ridiculous from the get go. You have to be a real hack to have supported it.
oh. Just read that the the case was decided based on standing, not on the merits.
Not sure if that makes it worse for Gorsuch and Alito or not.
drummerboy said:
oh. Just read that the the case was decided based on standing, not on the merits.
Not sure if that makes it worse for Gorsuch and Alito or not.
Worse I think -- the standing is the merits in this case. Who is harmed by the absence of a mandate? The whole argument made no sense.
Yeah, they're both hacks. Aren't they embarrassed about putting these words down for posterity?
Alito and Gorsuch say that the Supreme Court should implement the policy goals of members of Congress who had voted to repeal the ACA entirely. (Conveniently leaving out the fact that such a proposal failed to actually pass through Congress.) https://t.co/Lv9IJQDUBZ
— Eric Kleefeld (@EricKleefeld) June 17, 2021
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Just tuned in. So the argument is that the fact that since the mandate was removed - the ACA can't work?